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Ä¢¹½ÊÓƵAT considered the appeal of the Secretary-General. Ä¢¹½ÊÓƵAT held that the paragraphs of the Ä¢¹½ÊÓƵDT judgment in question were in a plain, unambiguous language that left no reasonable doubt as to their meaning and that they required no interpretation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in holding that the application for interpretation was receivable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should have dealt with the claim for interest in its judgment, but it omitted to do so. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT exceeded its competence by wrongly applying Article 12(3) of the Ä¢¹½ÊÓƵDT Statute to alter the substance of its final ruling by...

Ä¢¹½ÊÓƵAT considered an application for revision of judgment No. 2016-Ä¢¹½ÊÓƵAT-667. Noting that there was no provision under its Rules of Procedure allowing for the submission of additional pleadings after the submission of comments to an application for revision of judgment and that no exceptional circumstances existed, Ä¢¹½ÊÓƵAT dismissed Mr Awe¡¯s motion to file additional comments. Ä¢¹½ÊÓƵAT considered Mr Awe¡¯s claim to have discovered new facts in the form of a report of the fact-finding panel which considered his complaints of abuse of authority and harassment which allegedly showed, in sum, the improper...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to contesting the award by Ä¢¹½ÊÓƵDT of three months¡¯ net base salary as compensation for damage to Ms Haroun¡¯s career prospects. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun¡¯s separation from service. Ä¢¹½ÊÓƵAT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...

Ä¢¹½ÊÓƵAT considered the staff member¡¯s application for correction of judgment. The staff member claimed that there was a mistake in paragraph 2 of the former Ä¢¹½ÊÓƵAT judgment, contending that it erroneously refers to the COS instead of the CMS. The staff member also contended that the reference to MINUSCA on page 4 is erroneous since the mission he was assigned to was MINUSMA. Ä¢¹½ÊÓƵAT noted that paragraph 2 of the judgment merely quoted the facts ¡°as found by the Dispute Tribunal¡±, with a footnote reference to the paragraphs quoted from the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT further noted that the Secretary-General...

The Applicant filed a second application for interpretation of judgment No. 2017-Ä¢¹½ÊÓƵAT-774 and an application for execution of judgment No. 2018-Ä¢¹½ÊÓƵAT-827. Subsequently, the Applicant requested leave to withdraw these two applications. Ä¢¹½ÊÓƵAT granted leave to withdraw the applications and directed the Registrar to close the cases.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly reviewed the contested decision in accordance with the applicable law and established the critical facts of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had a broad discretion to determine the admissibility of evidence and the weight to be attached thereto and that Ä¢¹½ÊÓƵDT¡¯s conclusion was consistent with the evidence. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s conclusion that the impugned decision was unlawful was correct, albeit for different reasoning. Ä¢¹½ÊÓƵAT held that the facts underpinning the administrative decision to issue the staff member a...

Noting that the Appellant, the innocent party, lost her employment, her career prospects within the Organisation, and the offending managers remained entrenched in their positions, Ä¢¹½ÊÓƵAT held that there was a substantial variation or a striking disparity between the award made by Ä¢¹½ÊÓƵDT and the award that Ä¢¹½ÊÓƵAT considered ought to have been made. Ä¢¹½ÊÓƵAT held that, given that an order of reinstatement was unlikely to be implemented, a more generous award was justifiable in the circumstances. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or fact in denying moral damages, as there was no corroborating...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. Ä¢¹½ÊÓƵAT held that a number of the factual findings made by Ä¢¹½ÊÓƵDT were not supported by the evidence and were unreasonable. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT should have limited itself to determining whether the Secretary-General was within his authority to impose disciplinary measures on Mr. Hossain, and that by speculating on the misconduct of another individual, the Ä¢¹½ÊÓƵDT exceeded its competence. Ä¢¹½ÊÓƵAT held...

Regarding Contested Decision #1, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the staff member did not seek timely management evaluation of the refusals of his request to transfer. Further, Ä¢¹½ÊÓƵAT also agreed with Ä¢¹½ÊÓƵDT that there is no provision in the Staff Regulations and Rules addressing changes or transfers of posts for medical reasons. Additionally, Ä¢¹½ÊÓƵAT also noted that the medical information at those relevant times recommended early medical retirement, not a transfer. Regarding Contested Decision #2, Ä¢¹½ÊÓƵAT observed that there was no evidence that the staff member ought to have been appointed to the post in...

Ä¢¹½ÊÓƵDT noted that it was established that Ä¢¹½ÊÓƵAMI decided not to renew the Applicant¡¯s appointment on the grounds of poor performance, while the appraisal performance procedure for the concerned staff member, at least for 2008/2009, had not been regularly completed. Ä¢¹½ÊÓƵDT found that, in light of the case file, the decision under review appeared as prima facie illegal. Ä¢¹½ÊÓƵDT found that the urgency for the Judge to rule on the Applicant¡¯s request was established since the implementation of the contested decision would result in the Applicant being excluded from the Ä¢¹½ÊÓƵ staff as of 18 August 2009. Ä¢¹½ÊÓƵDT...